Is this normal procedure?

HKitten

My partner works for T K Maxx, mostly stacking shelves and till work. He's been there almost 6 months now, and he's a permanent member of staff.

On Thursday last week he was sent home after a shelf collapsed while he was putting baking trays on it. In his shock he said the F word quite loudly, and unfortunately two women with their children were nearby and complained that he'd sworn. Apparently his supervisor said that they then 'had to' suspend him as more than one person had complained.

He was told to expect a call the following day about it, but never got one. He's now due back into work today and is going to call ahead and just ask what time his shift starts and see what they say. We're a little confused that they haven't followed up the fact that he was sent home in the first place, and of course I've been worried about the possibility of dismissal, though I don't think it counts as gross misconduct since he wasn't swearing AT someone.

Are they likely to take any further action? Is it normal for them to suspend him for one day and then say nothing more about it? I don't really know what to expect from this!

Torry_Quine

Was he told that he was suspended just for the day and to come to work as usual for his next shift. Usually you are suspended until there is a disciplinary hearing to decide if any warnings etc are needed.

HKitten

I don't think they made it clear, they just said he was suspended and he'd get a phone call - which he then didn't receive.

bluenoseam

The fact he didn't swear AT someone is irrelevant, he swore out loud, that's unprofessional conduct no matter how you try to dress it up! We've all had accidents in the workplace but the majority of us will take it out back & swear or do it under our breath - never aloud infront of customers!

I would phone ahead, but it's likely that they haven't phoned because they'll need to discuss it, check with HR that they're following correct procedure before any further action. That's going to take time - especially at this time of year where managers are up to their eyeballs ensuring they have the right stock in the right place in the right quantity - so it's not unsurprising it's taken this long.

There's also the fact he'd need to be notified of any disciplinary proceedings & the potential outcomes thereof.

Phoning ahead is smart, but I would also suggest a pretty grovelling apology stating that it was a one off and will never happen again, he may be lucky to get off with a written warning, but expect the worst - anything better than that's a bonus.

HKitten

Blue - he wouldn't normally swear in front of customers, it was the sudden shock of a shelf collapsing on him and he just blurted it out. Hopefully they'll take that into account.


He's not had any previous warnings so fingers crossed they do just give him a warning.

C_Mababejive

F**k it,there are plenty of other similar jobs !

Is he suspended on pay? If so,do nothing. Let them ring him. Just enjoy the time off and job search.

Be the hunter,not the hunted.

jobbingmusician

I would suggest that when he phones them, he also asks them to send a copy of the accident book which records this accident, as he is receiving medical advice. (Keep it vague and you won't be lying). And take the employer's name out of your post, to protect yourself!

I would have sworn, too, so have great sympathy.

dickydonkin

jobbingmusician wrote: »

I would suggest that when he phones them, he also asks them to send a copy of the accident book which records this accident, as he is receiving medical advice. (Keep it vague and you won't be lying). And take the employer's name out of your post, to protect yourself!

I would have sworn, too, so have great sympathy.

Where does it state the OP's partner is receiving 'medical advice' - or are you suggesting the OP's partner tells a blatant lie? The employer could then ask for proof that medical advice was sought which could potentially place the guy more in the mire than he already is.

Depending on accident reporting procedures of the company, it may not be necessary for the incident to be reported anyway - moreso if nobody was hurt.

In the context of the situation however, it doesn't matter anyway.

Unfortunately, he has sworn in earshot of customers although hopefully, the employer will take into consideration the shock of the shelf collapsing.

Grovel, grovel and apologise and be truthful and hopefuly it will be a knuckle wrap.

SueC_2

dickydonkin wrote: »

Depending on accident reporting procedures of the company, it may not be necessary for the incident to be reported anyway - moreso if nobody was hurt.

In the context of the situation however, it doesn't matter anyway.

And there was me thinking all H&S professionals were strongly in favour of Near Miss reporting...?

dickydonkin

SueC wrote: »

And there was me thinking all H&S professionals were strongly in favour of Near Miss reporting...?

Read the post carefully Sue .

Originally Posted by dickydonkin
Depending on accident reporting procedures of
the company, it may not be necessary for the incident to be reported anyway - moreso if nobody was hurt.

There are defined 'dangerous occurrences' that are legally required to be reported under RIDDOR regulations - a small storage shelf is not one of them, whereas a scaffolding structure collapsing or overturned fork truck would be - even if nobody was injured.

However, most people will be familiar with an accident book which will generally be completed when someone has been injured at work - which was not the case here.

There is no legal requirement to have an 'accident book' as such, but there must be a provision for recording accidents that also complies with the DPA if there are 10 or more employees within an organisation, however, I would suggest that even 'small' employers also keep records of accidents and incidents.

It is important not to confuse RIDDOR reporting requirements with internal accident reporting procedures.

As an example, we use an internal reporting form (not an accident book) that covers a more comprehensive list of eventualities such as fire alarm activations, verbal and physical threats, gas leaks etc. and there are many other 'occurences' that would not normally be covered in a generic accident book.

In regards of my post you referred to, what I was attempting to explain was that it is possible that the organisation in question would not require the collapsing shelf to be reported internally - unless someone was hurt, however, I certainly agree that all near misses - even those that do not come under the remit of RIDDOR SHOULD be reported internally and investigated - and I have never disputed that - my comments were specific to the OP's situation and another posters silly suggestion to fabricate the severity of the incident.